Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 6585

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Raja Langer – Appellant
Versus
State of Jammu and Kashmir – Respondent
T.A No.847/2020

Advocates:
For the Appellants/Petitioners: Rahul Pant
For the Respondents: Sudesh Magotra, F A Natnoo

A candidate appointed to a specific cadre cannot claim permanent absorption or lateral entry into another cadre based on temporary administrative deployment or parity with past appointments, especially when the relevant recruitment rules mandate 100% direct recruitment through a Public Service Commission.

Headnote:(A) Constitutional Law - Articles 14 and 16 - Equality before law - Negative equality - Cannot be claimed to perpetuate an action contrary to statutory rules - Absorption into a different cadre post based on past precedents is not permissible if the recruitment rules mandating direct recruitment are violated. (Para 15)

(B) Recruitment Rules - Medical Education - Lecturer in Urology - Where recruitment rules prescribe 100% direct recruitment, court cannot direct absorption, transfer, or lateral entry from another department like Surgery - Administrative convenience or temporary utilization of services does not confer a vested right for permanent absorption. (Paras 11, 12, 16)

Facts of the case:
The applicant, a selected Lecturer in the Department of Surgery, sought permanent absorption or lateral entry into the Department of Urology at a Super Specialty Hospital, citing his possession of matching qualifications and parity with another doctor who had previously been adjusted via lateral entry. The department denied this, stating that the post is governed by specific recruitment rules requiring 100% direct recruitment through the Public Service Commission.

Findings of Court:
The Tribunal found that the recruitment rules for the Urology post were distinct from the Surgery post. It held that the applicant had no legal right to claim absorption based on temporary administrative arrangement or previous precedents that might have been irregular.

Issues: Whether an appointee to the Surgery Department could claim permanent absorption into the Urology Department bypassing the direct recruitment process mandated by statutory rules.

Ratio Decidendi: The court established that the statutory mode of recruitment prescribed for a post (100% direct recruitment) cannot be bypassed by judicial orders for absorption, and that the principle of parity cannot be invoked for 'negative equality' when the precedent itself contradicts the governing rules.

Result: Application dismissed.

Table of Content
1. summary of case history and relief sought by the applicant. (Para 1 , 2 , 3)
2. identification of the crux of the recruitment rule violation. (Para 4 , 5 , 6 , 7 , 8)
3. requirement to adhere strictly to statutory recruitment modes. (Para 9 , 10 , 11 , 12 , 13)
4. rejection of negative equality and affirmation of recruitment transparency. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The SWP No.4135/2019 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.847/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

I. Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to permanently absorb the petitioner against the post of Lecturer in the Department of Urology in the Super Specialty Hospital, Jammu on the same analogy as has been done in the case of Dr. Rahul Gupta, Assistant Professor;

II. Writ, order of direction in the nature of Writ of Mandamus commanding the respondents to allow the petitioner to work against the post of Lecturer available in the Department of Urology in Super Specialty Hospital, Government Medical College, Jammu during the pendency of the present petition or till such time petitioner is promoted to the higher post of Assistant Professor;

III. Writ, order of direction in the nature of Writ of Mandamus restraining the respondents from filling up the post of Lecturer in the Department of Urology in the Super Specialty Hospital, Jammu either on substantive or on academic arrangement basis;

IV. Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be granted in favour of the petitioner and against the respondents along with cost.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The case of the applicant, as projected in the pleadings, is that he possesses the qualification of MBBS from Jammu University and thereafter completed his Post Graduation in General Surgery from Government Medical College, Jammu. He subsequently acquired super-specialization in Urology, namely Diplomate National Board in Urology, which according to him is equivalent to M.Ch. in Urology. The applicant claims that he acquired the said super-specialty qualification in the year 2012.

b) It is pleaded that the applicant was initially appointed as Medical Officer on the recommendations of the Jammu and Kashmir Public Service Commission in the year 2001. Since he possessed super-specialty qualification in Urology, the Government decided to utilize his services in the Super Specialty Hospital, Jammu. Accordingly, he was posted in the Super Specialty Hospital, Jammu, though he continued to substantively hold the post of Medical Officer in the Health Department.

c) The applicant further pleads that while he was posted in the Super Specialty Hospital, Jammu, the Principal, Government Medical College, Jammu directed that his services be utilized as Urologist. It is stated that at the relevant time there was shortage of qualified super-specialist doctors in the Super Specialty Hospital, Jammu, and therefore the services of the applicant, along with other super-specialist doctors, were utilized in the Department of Urology. The applicant has relied upon Communication dated 28.07.2015, whereby the Government approved the work distribution of the Urology Department in the Super Specialty Hospital, Jammu. According to the applicant, he was placed in Unit-I as Medical Officer, while Dr. Rahul Gupta and Dr. Ajay Anand were placed in Unit-II, and both units were assigned independent OPD and theatre duties.

d) It is the further case of the applicant that since 2015 he has been independently discharging duties as Urologist in the Super Specialty Hospital, Jammu, including OPD duties as well as surgical wor

Click Here to Read the rest of this document

2026 Supreme(Online)(CAT) 6585

CENTRAL ADMINISTRATIVE TRIBUNALRajinder Singh Dogra, J, Ram Mohan Johri, ARaja Langer – AppellantVersusState of Jammu and Kashmir – RespondentT.A No.847/2020

CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, J, Ram Mohan Johri, A
Raja Langer – Appellant
Versus
State of Jammu and Kashmir – Respondent
T.A No.847/2020